KAMAL SINGH JAWARIYA Vs. THE STATE OF MADHYA PRADESH
LAWS(MPH)-2017-1-6
HIGH COURT OF MADHYA PRADESH
Decided on January 04,2017

Kamal Singh Jawariya Appellant
VERSUS
The State of Madhya Pradesh Respondents

JUDGEMENT

SUBODH ABHYANKAR, J. - (1.) With the consent of learned counsel for the parties, the matter is heard finally. In this petition, the petitioner is claiming that he has been classified as permanent employees but the respondents are not paying him salary in the relevant pay-scale. In a similar matter Kaluram Narwariya vs. State of MP and others (WP No.2000/2015 decided on 6.4.2015), the Gwalior Bench of this Court has held as under: The grievance of the petitioner is that he has been classified as a permanent employee by the employer by order, Annexure P/2. This permanent status is not taken away till date. Despite classifying the petitioner as a permanent employee, he has not been given pay scale attached to the said permanent post. In addition, the petitioner is praying for the benefits of DA, increments, seniority and other benefits.
(2.) During the course of argument, Shri B.P.Singh relied on a Division Bench judgment passed in Writ Appeal No. 110/2011 and other connected matters, decided on 1.11.2011. It is contended that the Supreme Court affirmed the said order recently on 21.1.2015. It is contended that the respondents shall consider the case of the petitioner in the light of said judgment.
(3.) Shri Pravin Newaskar, learned Deputy Government Advocate submits that so far the decision of Division Bench and Supreme Court aforesaid is concerned, he is not disputing the legal position. He submits that on facts, every petitioner's case needs to be examined.;


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